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  621.040.  Administrative law judges of the division of motor carrier and railroad safety shall be commissioners of the administrative hearing commission — jurisdiction of administrative hearing commission. — Notwithstanding the provisions of section* 621.015, to the contrary, after July 11, 2002, all individuals authorized on that date as administrative law judges of the division of motor carrier and railroad safety within the department of economic development shall be commissioners of the administrative hearing commission within the office of administration, and shall serve out the unexpired remainder of their terms as commissioners.  They shall have the same powers, duties, functions, and compensation as provided by law for the other commissioners, and after the expiration of their terms they may be reappointed in the same manner as other commissioners.  The administrative hearing commission shall have jurisdiction to conduct hearings, make findings of fact and conclusions of law, and issue orders in all applicable cases relating to motor carrier and railroad regulation transferred to the highways and transportation commission pursuant to this section and sections 104.805, 226.008, 389.005, and 389.610, except that, notwithstanding any provision of law to the contrary, the highways and transportation commission may issue final agency orders without involvement of the administrative hearing commission in relation to:

  (1)  Uncontested motor carrier cases, and other uncontested motor carrier matters, or in which all parties have waived a hearing in writing; and

  (2)  Approval of settlement agreements or issuance of consent orders in motor carrier or railroad enforcement cases, if all parties have consented in writing to the issuance of the commissioner's order.


(L. 2002 S.B. 1202)

Effective 7-11-02

*Word "chapter" appears in original rolls.

< end of effective 11 Jul 2002 >

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